BACKGROUND:
The Mayor and Aldermen of the City of Savannah approved and entered into a Right-of-Way Acquisition Contract with the Georgia Department of Transportation (GDOT) on August 17, 2017 for improvements to Delesseps Avenue and LaRoche Avenues between Waters Avenue and Skidaway Road. The proposed project will provide sidewalks, bicycle facilities, curb/gutter, and improved drainage. Existing signals along the corridor would be modified to include pedestrian phases, signal heads and push-button stations. A total of 120 parcels are affected in which rights-of-way and/or easements from private landowners are required to facilitate this project.

The Right-of-Way Acquisition Contract governs how the project will be managed and includes reimbursement from GDOT to the City in the amount of up to $2,284,800 for eligible acquisition costs. Staff has performed in accordance with 49 CFR Part 24 - Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally-Assisted Programs, as well as O.C.G.A. 22-1-9, the Georgia Landowner’s Bill of Rights. If all rights-of-way and easements needed for the project are not acquired by December 2019, the City is at risk of losing reimbursement.

PARCEL INFORMATION:
Owner – Emma Simon
Property Address – 2119 Delesseps Avenue, Savannah, GA 31404
Property Identification Number - 2-0103-11-001
Legal Description of Parent Parcel - Lots 19 & 21 Block M LaRoche Park Sessoms Ward
Required Right-of-Way – 0.002 Acres
Required Easement – 1,119.99 Square Feet

STATUS:
Title work was performed on the property and the owner of record is Emma T. Simon. On September 19, 2018, the appraiser met with Ms. Simon’s representative and husband, Bill Simon, for an on-site inspection of the subject property.

On January 3, 2019, staff contacted Mr. Simon and he requested staff mail the offer documentation. The offer package was subsequently mailed on January 4, 2019. On February 22, 2019, staff called Mr. Simon and he explained the proposed value as being unacceptable; he requested a meeting at his law office to discuss further. On February 25, 2019, staff met Mr. Simon and he expressed the appraiser did not adequately take into account compensation for potential loss of rental income and loss of value to his property. Staff requested a counteroffer within 30 days. On March 26, 2019, a “10-day letter” was mailed, requesting a response by April 8, 2019, to avoid litigation.

A GDOT-certified Appeals Officer, Ronnie Lewis, was engaged to further negotiate with Mr. Simon. On July 3, 2019, Mr. Lewis met with Mr. Simon at his office to discuss the plans associated with the proposed offer. Mr. Lewis reports that agreement could not be reached regarding the acquisition of the required property rights. Mr. Simon advised that he will work with the City Attorney to try to find an amicable settlement after the condemnation petition is filed. Therefore, eminent domain will be needed to acquire the right-of-way for the property.

Approval